-12- Income Tax Regs. Section 1.6661-3(a)(2), Income Tax Regs., provides in part: The substantial authority standard is less stringent than a "more likely than not" standard (that is, a greater than 50-percent likelihood of being upheld in litigation) but stricter than a reasonable basis standard (the standard which, in general, will prevent imposition of the penalty under section 6653(a), relating to negligence or intentional disregard of rules and regulations). Thus, a position with respect to the tax treatment of an item that is arguable but fairly unlikely to prevail in court would satisfy a reasonable basis standard, but not the substantial authority standard. In determining whether there is substantial authority, only certain sources will be considered authority, including court cases, temporary and final regulations construing the Code and other statutory provisions, and administrative pronouncements (including revenue rulings and procedures). Sec. 1.6661-3(b)(2), Income Tax Regs. In support of its reporting position in Galedrige I, petitioner cites as substantial authority Rev. Rul. 86-149, 1986- 2 C.B. 67, and Rev. Rul. 59-329, 1959-2 C.B. 138, certain sections of the Code and the regulations, and several court cases. The weight of the authorities cited by petitioner depends on their persuasiveness and relevance as well as their source. See sec. 1.6661-3(b)(3), Income Tax Regs. Rev. Rul. 86-149, supra, is not substantial authority for petitioner's position. Rev. Rul. 86-149 addresses the issue of whether a taxpayer engaged in the business of developing realPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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